The Fine Print.

Need help? 

We are here for you. However, we are not qualified to offer therapeutic advice. Therefore, we'd recommend reaching out to one of the following resources for professional advice:

You can quickly find counselors to talk to at any of these numbers.

In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

Know that you’re never alone and that dark times pass. We all deserve help.

With care,

The Boom Journal  team

Welcome to Boom Journal, your new Emotional Fitness Trainer.

Boom Journal is here to help you feel your best, offering you both a place to jot down what's on your mind as well as guided Journals.

The following document sets forth the legally binding terms that regulate your use of the Boom Journal mobile application and website. Please read the Terms of Use carefully. It is a contract between you and us.

We understand that there is a lot of information below. We have tried to make it as accessible and transparent as possible. However, if you still find that it is too dense or daunting, here are the answers to the top three questions that we are commonly asked:

Top 3 Questions

Q1 - What do you do with our personal information, Journal entries and other data?

Your journal entries are meant to be read and accessible only by you. Your entries are encrypted by default by Boom Journal, except for certain items such as some entries titles, moods and activities you enter. Moreover, we highly recommend that you add an additional layer of encryption by encrypting your Journal entries with your own encryption key which you can set up in the settings. This will prevent anyone to access your Journal entries without your own encryption key. We don't sell any of your data with third parties. We are making money by offering premium services and not by selling your personal data.

We can share some of your data (excluding any Journal entries of course!) with third parties but only in compliance with the terms of our Privacy Policy below and mainly to conduct research on users' demographics, interests, and behavior, and help continually improve our Service. We do have to analyze some data in case of crashes, and we can look at meta-data to see how many people are journaling at any given time, or generally how users interact with the Boom Journal App, but that’s about it. We do advertise our services, so you may be retargeted by some ads, but once again, we have no access to your personal Journal entries.

Q2 - If I terminate my account does my data get erased/anonymized?

Yes! Except for any logs that we might still have in our system or in the systems of some of our third-party providers. But we can never see anything that you Journal, and you can still exercise your right to erasure at hello@boomjournal.com.

Q3 - How much does it cost?

Basic Boom Journal is free for users. We are also offering a premium subscription with additional features and content. Such premium subscription is based either on an annual or monthly fee with an automatic renewal. You can subscribe to a premium account through the Apple in-app purchase system or on Boomjournal.xyz.

That’s it. Please read the Terms of Use below. By using our App or other services, you agree to be bound by our Terms of Use. If you do not agree with any of these terms, please do not use the App. Thanks!

Please feel free to contact us at hello@boomjournal.xyz for any questions, inquiries or issues.

Privacy by design

The Boom Journal app is designed as a safe place for you to write your thoughts down and keep them private and safe.

We strongly encourage you to set your own encryption key to encrypt your Journal entries. If you do so, then no one - including anyone on our team -will ever be able to access the content of your Journal. The encryption key is only stored on your phone and never uploaded to our servers.

Please do not lose or forget your encryption key as there is absolutely no way for us to retrieve it for you. If you lose or forget your encryption key, your entries will be lost forever. We encourage you to write down your encryption key in a safe place, such as a password manager.

Terms of Use

THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Description of The Service

  1. Forward Human Inc. ( “we,” “us,” “our,” “Boom Journal ”) is the owner of the Boom mobile application (“Boom Journal,” or the “App”). Boom is a mobile application that allows its Users to create and maintain a mobile diary or Journal through guided prompts or free writing (the “Service”). You can sign up for a free account or to a premium account with additional features and content. For the purpose of our Terms of Use (the "Agreement"), both the free account and the premium account are referred to collectively as “Boom Journal,” the “App,” or the "Service", unless otherwise indicated.

2. Application

  1. "you", "your" or "user" means an adult user of the Service acting independently or as parent or guardian for any minor whom you allow to access the Service and for whom you will be held strictly responsible.

  2. By accessing or using Boom, you agree that you have read, understand and agree to be bound by this Agreement, whether or not you are a registered user.

  3. To enjoy Boom via your smartphone or other device, your device must satisfy certain system requirements. These requirements can be found on the Apple App Store.

3. Access, Use & Modifications

  1. We reserve the right to upgrade, maintain, tune, backup, amend, add or remove features and content and redesign, improve or otherwise alter the Service.

  2. We may update our Terms of Use from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Service or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Service. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Service following the changes constitutes your acceptance of the updated Terms of Use.

4. User accounts

  1. Registering. Boom Journal's users can sign up for a user account by following the instructions on the App. Boom reserves the right to reject any new registration or cancel any existing account at any time and for any reason. We do not accept account registration from users who are under 13 years of age. By registering with Boom Journal, you represent that you are at least 13 years old. If you are 13 or older but under the age of 18, you must review this Agreement with your parent or legal guardian to make sure that you and your parent or legal guardian understand the Agreement and agree to be bound by it.

  2. Users are responsible for all activity that occurs on their account. Users must immediately notify Boom Journal of any unauthorized use of their account, or any other account related security breach of which a user is aware.

  3. Any breach or violation of any term in this Agreement as decided solely by Boom Journal will result in the immediate termination of the account.

  4. Boom Journal's accounts and subscriptions are not transferable and cannot be sold or exchanged or transferred in any way whatsoever.

5. Subscriptions

  1. Boom Journal offers two types of subscriptions:

    1. "free" account: a free-of-charge account, which gives limited access to our Service.

    2. "premium" account: a subscription fee-based program, which gives access to all content and features including and beyond the content and features accessible through the "free" account. You will only have access to your premium account while your premium subscription is active and subsisting.

  2. You can subscribe to a premium account by purchasing a subscription through the Apple or google play  in-app purchase system or on Boomjournal.xyz (if available). Please note that if you purchase a premium subscription through the Apple in-app purchase system, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.

  3. You may access a free trial period of the premium annual subscription in accordance with certain offers available. If this is the case and you wish to cancel your premium annual subscription, you must cancel such annual subscription at least 24 hours before the end of the trial period in order to avoid the billing of the premium annual subscription fee to the payment method you provided.

  4. For now, Boom Journal offers an annual subscription and may offer (if available) a monthly subscription option. For the purposes of our monthly and yearly subscriptions, a year constitutes 365 calendar days and a month constitutes 30 calendar days. As for our monthly subscription, we may offer (if available) 3 pricing options for you to choose from. Each monthly pricing option offers the exact same level of service and so we let you choose how much you would like to pay for your monthly subscription between these 3 pricing options.

  5. Our annual subscription is paid for by an upfront one-off payment with automatic annual renewals. You acknowledge and agree that Boom Journal is authorized to charge the payment method used for the initial annual subscription fee at the rate agreed at the time of purchase, and, if applicable, the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the payment method you provided. Refunds cannot be claimed for any partial subscription period.

  6. Our monthly subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Boom Journal is authorized to charge the payment method used for the initial monthly subscription fee at the rate agreed at the time of purchase, and, if applicable, the non-discounted renewal subscription fee(s). The monthly renewal subscription fees will continue to be billed to the payment method you provided, automatically until cancelled. You must cancel your monthly subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the payment method you provided. Refunds cannot be claimed for any partial-month subscription period.

  7. You agree to promptly notify Boom Journal of changes to the payment method you provided while any premium subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

  8. In the course of your use of the Service, Boom Journal and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Boom Journal  and Boom Journal’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

  9. Our obligation to provide the Service only comes into being when we take receipt of your premium subscription, and we or Apple confirm your purchase to you by email. If payment is not received by us from the payment method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any premium subscriptions purchased for commercial purposes.

  10. We reserve the right at any time to change our fees (including to begin charging for Service that we are currently providing free of charge) and billing methods, either immediately upon posting on the App or by email delivery to you.

  11. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase for a Boom premium subscription; and that (ii) the information you supply is true, correct and complete.

  12. We may employ the use of third party services for the purpose of facilitating payment and the completion of purchase. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

  13. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: Service availability, errors in the description or price of the Service, error in your order, if fraud or an unauthorized or illegal transaction is suspected, or other reasons.

6. Cancellation of Service

  1. You may cancel an annual or monthly premium subscription at any time. However, the cancellation is only effective at the end of the applicable annual or monthly period and so, no refund can be claimed for any partial subscription period. In order to manage/cancel your subscription, please go to "Settings" in the App, click on "Manage Subscription" and follow the steps/instructions prompted. Please note that if you purchase your premium subscription through the Apple in-app purchase system, you can directly cancel your subscription by selecting "Subscriptions" in your iTunes Account settings and selecting the subscription you want to modify/cancel.

  2. We may suspend or terminate your use of the Service as a result of your fraud or breach of any obligation under this Agreement. Such termination or suspension may be immediate and without notice. A breach of this Agreement, includes without limitation, the unauthorized copying or download of our audio or text content from the App.

7. Promotion and Discount Codes

  1. We may offer, from time to time, some promotion code or special offer to access a premium subscription at a discounted price. Such promotion code or special offer may not be used in conjunction with any other promotion code or special offer, past or present. Introductory offers are only available to new users of the Service, except where expressly stated otherwise. Previous users or trial users of the Service do not qualify as new users.

  2. Unless otherwise set forth in the terms of any promotion code or special offer, all pricing promotions or discounts will apply ONLY to the initial period of such subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.

8. Encryption

  1. You have the option to protect the content of your journal entries with state-of-the-art encryption that renders the content of these entries accessible only through the use of your password and encryption key. In the event that you lose your encryption key, all encrypted data will be lost and Boom Journal will not be able to assist you with recovering your data. You assume all responsibility for the maintenance and recollection of your encryption key, and Boom Journal specifically disclaims all responsibility and liability with respect to encryption and any loss of data resulting from the loss of any encryption key.

9. User content

  1. User Content. You may upload images, text, comments, etc. (collectively, the “User Content”) as part of your use of the Service.

  2. Rights and Licenses. When you upload User Content to the Service, you grant Boom and its authorized sub-licensees and distributors, a worldwide, non-exclusive, royalty-free, right and license to reproduce, distribute, digitally transmit, stream, display, create derivative works of, communicate, synchronize, and collectively exploit your User Content and all associated copyrightable works or metadata ONLY for the purposes of providing the Service. The foregoing license grant does not affect your ownership or license rights in User Content, including the right to grant additional licenses to the material. You agree to indemnify Boom Journal and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these terms described in this Agreement.

  3. Personal Information. The personal information you submit to Boom is governed by the Boom Privacy Policy which is accessible here. As part of your use of the Service, you affirmatively consent to the processing and storage of your personal information in the United States, including the processing and storing of your personal information in the United States for the purposes of processing payments and tracking individual use of the Service. By using the products, you acknowledge that you understand and agree that the United States may not have the same level of protections for your personal information that exist in your country of residence, and you nonetheless consent to the processing and storage of your personal information in the United States. We will take measures as required to comply with applicable law regarding the transfer, storage and use of certain personal information.

  4. No control over User Content. We do not endorse or have control over any User Content, nor can we guarantee the authenticity of any information that Users may provide about themselves, including their identity. Suppose you give any public information that is untrue, inaccurate, not current or incomplete, or Boom has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. In that case, Boom has the right to deactivate or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), without liability. You acknowledge that all content accessed using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.

  5. Communication Services. The App may contain functionalities (including user reviews, etc.) that allows users to upload content PUBLICLY to the App or discussion boards on such third-party applications as Facebook (collectively the "Communication Services") and users may also upload content via our official brand presence on social media platforms and branded hashtags (including, without limitation Facebook, Twitter, YouTube, Instagram, LinkedIn, and Pinterest, collectively "Social Media Platforms"). You agree that you will not upload or transmit any communications or content via the Communication Services or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or content via the Communication Services or Social Media Platforms, you agree that such submission is non-confidential for all purposes. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

  6. Media. You agree to only post or upload media (like photos, videos or audio) on any PUBLIC part of the Communication Services or Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. By uploading any media on the App or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a media of or with someone else unless you have their explicit permission.

  7. Hate Speech. It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with our Terms of Use, or our Privacy Policy.

  8. User Warranties. You warrant and represent, and can demonstrate to our full satisfaction upon request, that: All information and User Content posted or transmitted through the Service is the sole responsibility of the user from which such User Content originated. Boom Journal will not be liable for any errors or omissions in any User Content.

10. Conditions of Use

  1. You agree that you shall only use the Service for legal purposes and shall NOT:

    1. engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Boom Journal in its sole discretion;

    2. use the Service in any manner inconsistent with this Agreement;

    3. act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system;

    4. infringe our intellectual property rights or those of any third party in relation to your use of the Service;

    5. transmit any material that is confidential or proprietary;

    6. use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

    7. collect social security or insurance number, financial account number, drivers’ license number, health information, or other sensitive information required to be secured under applicable local, state, provincial, national, or other law, rule, or regulation, or for which disclosure is required in case of a data breach without first obtaining our prior written consent;

    8. collect or harvest any information or data from the Service or attempt to decipher any transmissions to or from the servers running any Service;

    9. access the Service in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Service;

    10. use the Service in any manner that may harm minors or that interacts with or targets people under the age of thirteen;

    11. impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;

    12. use the Service to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism;

    13. access, search, or create accounts for the Service by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);

    14. send unsolicited communications, promotions or advertisements, or spam;

    15. send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";

    16. sublicense, resell, time share or similarly exploit the Service; and

    17. authorize, permit, enable, induce or encourage any third party to do any of the above.

11. Intellectual Property

  1. You acknowledge that Boom Journal retains ownership of all Intellectual Property of Boom incorporated in the Service (including all improvements, enhancements, updates and corrections) and any Intellectual Property generated by Boom in the process of providing the Service.

  2. Subject to your payment of applicable subscription fees (if applicable), you may use software, proprietary systems and Intellectual Property owned by Boom Journal, or for which Boom Journal has appropriate authority to use, and you agree that such Intellectual Property is protected by copyright, trade marks, patents, proprietary rights and other laws, both domestically and internationally. You warrant that you shall not knowingly infringe on any third-party rights through the use of the Service.

  3. You warrant that by using the Service you will not:

    1. use any Intellectual Property of Boom Journal without express permission;

    2. copy any part of the Service for the user’s own commercial purposes; or

    3. directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in any documentation associated with it.

  4. To the extent that any derivative works cannot be assigned to Boom, you hereby grants Boom Journal a perpetual and irrevocable (irrespective of the expiration or termination of this Agreement), non-exclusive, transferable, worldwide, and royalty-free license to reproduce, distribute, perform, and display any derivative works of the Service developed by or for the user, and to use, make, have made, sell, offer to sell, import, export, and otherwise exploit any product based on any such derivative works.

  5. All materials posted on Boom Journal are protected by the copyright laws in the United States and in foreign countries. Subject to your payment of applicable subscription fees (if applicable), Boom Journal authorizes you to view or copies of the material on the App solely for your personal, noncommercial use. Any special rules for using specific software and other items accessible on the App are incorporated into this Agreement by reference. All rights not expressly granted herein are reserved to Boom Journal and its licensors.

  6. If you violate any of these terms, your permission to use the materials automatically terminates, and you must immediately destroy any copies you have made of any portion of the materials.

12. Third-Party Services

  1. We may provide links to third-party web sites or offer to you certain third-party services including but not limited to the ability to connect with wellness providers (collectively, “Third Party Service(s)). Such Third Party Services are provided “AS IS” without indemnification, support, or warranty of any kind, and this Agreement does not apply to your use of any such offered Third Party Services.

  2. You are responsible for evaluating whether you want to access or use such Third Party Services. In certain circumstances where required or applicable, you may opt-out from such Third Party Services available outside of the App, or may choose not to utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because you may give the operator permission to use your information outside of what you have agreed to herein. We are not responsible for, nor endorse any features, content, advertising, products or other materials on or available from such Third Party Services.

  3. Boom Journal does not recommend and does not endorse the content on any third-party websites. Boom Journal is not responsible for the content of linked third-party sites, sites framed within the Boom Journal App or website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

13. Advertising

  1. Communications

    1. By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information sent by us or any third party.

    2. You may opt-out of receiving any, or all, of these communications from third parties or us by following the unsubscribe link or instructions provided in any email we send.

14. Feedback

  1. You acknowledge that any and all:

    1. Suggestions for correction, change, and modification to our Services, information and reports you provide to us, and other feedback (including but not limited to quotations of written or oral feedback), (collectively “Feedback”); and

    2. Improvements, updates, modifications, or enhancements, whether made, created, or developed by us, or otherwise relating to Feedback (collectively, “Revisions”);

    3. are and will remain our property. All Feedback and Revisions become the sole and exclusive property of Boom and we may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you, and without your retention of any proprietary or other right or claim.

  2. You assign to us any and all right, title, and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how, and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.

  3. You agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of Boom. At our request, you will execute any document, registration or filing required to give effect to these provisions.

15. Warranties, Disclaimers, Liability, Indemnity & Exclusive Remedies

  1. Boom Journal DOES NOT GUARANTEE THAT THE SERVICE WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT Boom Journal WILL CORRECT ALL SERVICE ERRORS. YOU ACKNOWLEDGE THAT Boom Journal DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. Boom Journal IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

  2. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

  3. Boom Journal IS NOT LIABLE FOR (1) ANY CONTENT POSTED BY USERS ON OUR SERVICE; (2) CONTRACTS, CONTRACTUAL OBLIGATIONS, OR OTHER OBLIGATIONS THAT MAY ARISE FROM AN EMPLOYMENT, CONTRACTOR, OR OTHER RELATIONSHIP BETWEEN USERS; (3) ANY REVIEW OF CONTENT POSTED ON OUR SERVICE; (4) ANY DAMAGES THAT RESULT THROUGH THE USE OF OUR SERVICE; (5) ANY NEGATIVE OR CRITICAL COMMENTS THAT MAY BE POSTED BY USERS, OR OTHER THIRD PARTY THROUGH THE SERVICE; OR (6) ANY OF THE THIRD PARTY SERVICE(S) YOU MAY BE PROVIDED PURSUANT TO YOUR USE OF THE SERVICE.

  4. YOU AGREE THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK. Boom DOES NOT GUARANTEE THE ACCURACY OF DATA CAPTURED THROUGH ITS SOFTWARE. THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

  5. YOU AGREES TO INDEMNIFY Boom Journal FOR ANY LOSS, DAMAGE, COST OR EXPENSE THAT Boom Journal MAY SUFFER OR INCUR AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF OR CONDUCT IN CONNECTION WITH THE SERVICE, INCLUDING ANY BREACH BY YOU OF THIS AGREEMENT.

  6. IN NO CASE SHALL Boom Journal, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  7. FORCE MAJEURE. WE WILL NOT BE LIABLE TO YOU FOR ANY LACK OF PERFORMANCE, OR THE UNAVAILABILITY OR FAILURE, OF THE SERVICE, OR FOR ANY FAILURE OR DELAY BY Boom Journal TO COMPLY WITH THIS AGREEMENT, WHERE SUCH LACK, UNAVAILABILITY OR FAILURE ARISES FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL.

16. Medical Disclaimer

  1. Boom Journal is providing a mobile app for guided journaling in the health & mindfulness space. However, we are not a health care or medical provider, nor should our Service be considered medical advice. Only your doctor or other health care provider can do that. While there is third party evidence and common knowledge that journaling can assist in the prevention and recovery process for many mental conditions as well as in improving some performance and relationship issues, Boom Journal makes no claims, representations or guarantees that the Service provides a therapeutic benefit.

  2. The information contained in the Service is for general information purposes only. While Boom Journal endeavors to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or the information contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

  3. Any health information and links on the Service, whether provided by us or by third party providers, is provided simply for your convenience.

  4. Any advice or other materials in the Service are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Service.

  5. People with existing mental health conditions should speak with their health care providers before starting a journaling practice.

17. Copyright Infringement

  1. Suppose you believe any materials accessible on or through the Service infringe your copyright. In that case, you may request removal of those materials (or access thereto) from our Service by contacting Boom Journal at hello@boomjournal.com and providing the following information:

    1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

    2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

    3. Your name, address, telephone number, and (if available) e-mail address.

    4. A statement that you have a good faith belief that the complaint of use of the materials is not authorized by the copyright owner, agent, or the law.

    5. A statement that the information you have supplied is accurate, indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

    6. A signature or the electronic equivalent from the copyright holder or authorized representative.

  2. Our address for copyright issues is as follows:

    West Labs LLC.
     

407 N Maple Drive Grnd 1

            Beverly Hills, CA 90210

            Email: hello@boomjournal.xyz

  1. To protect copyright owners’ rights, Boom journal maintains a policy for the termination, in appropriate circumstances, of users who are repeat infringers.

18. Notices

  1. The User can direct notices, inquiries, complaints and so forth to Boom at this address: 

West Labs LLC

407 N Maple Drive Grnd 1

           Beverly Hills, CA 90210

Email: hello@boomjournal.xyz

  1. A consent, notice, or communication under this Agreement is sufficient if sent as an electronic communication unless required to be physically delivered under law. You consent to receive electronic communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, on our website or on the App, satisfy any legal requirement that such communications be in writing.

19. Disputes

  1. If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Service.

  2. Governing Law. The Agreement is governed by the laws of the State of California, without regard to its conflict of laws rules and the United States of America laws. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

  3. Arbitration. You and Boom Journal agree that any dispute or claim arising from or relating to the Agreement shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of the Agreement you can find them here or by calling the AAA at 1–800–778–7879). A sole arbitrator will handle the arbitration in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. ANY ARBITRATION UNDER THE AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS -CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THE AGREEMENT, YOU AND Boom ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. Notwithstanding the preceding, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

  4. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be by the Consumer Arbitration Rules.

  5. Forum. We’re based in California, so any legal action against Boom Journal related to our Service must be filed and take place in the State of California. That means the seat of any arbitration shall be in California. For any actions not subject to arbitration, you and Boom agree to submit to the personal jurisdiction of a state court located in the State of California.

  6. Government Exception. Suppose you are a government agent or entity in the United States using the Service in your official capacity. You are legally unable to agree to the clauses in this section. In that case, those clauses do not apply to you. In that case, the Agreement and any action related to the Agreement will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California.

  7. Modifications. If we make any changes to the Disputes section after the date you last accepted the Agreement, those changes will not apply to any claims filed in a legal proceeding against Boom Journal prior to the date the changes became effective. Boom Journal will notify you of substantive changes to the Disputes section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Boom Journal a written notification (including via email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Boom Journal in accordance with the provisions of this Disputes section as of the date you last accepted the Agreement, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Agreement.

20. General

  1. Waiver. No failure or delay by either party in exercising any right under the Agreement will constitute a waiver of that right. No waiver under the Agreement will be effective unless made in writing and signed by an authorized representative of the party deemed to have granted the waiver.

  2. Survival. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Warranties, Disclaimers, Liability, Indemnity & Exclusive Remedies, User Content, Disputes, Feedback and Intellectual Property.

  3. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.

  4. Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.

  5. Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.

  6. Severability. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.

Entire Agreement. Our Terms of Use, including any terms incorporated by reference into them (our Privacy Policy for example), constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these Terms of Use and any pages referenced in these Terms of Use, these Terms of Use will prevail.